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Parties' capacity to participate in arbitration relates to jurisdiction of arbitral tribunal

31 January 2013

Authors: Nathalie Voser, Elisabeth Leimbacher

In a French-language decision dated 11 December 2012, the Swiss Supreme Court confirmed that the capacity of a party to participate in arbitration relates to the jurisdiction of the arbitral tribunal. The Supreme Court also found that the requirement of legal capacity, which is required for the admissibility of the claim, must be met when a decision on the merits is rendered and not at the time of the interim award.

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Published in Practical Law Arbitration

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Elliott Geisinger
Elliott Geisinger

Nathalie Voser
Nathalie Voser

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